Generally, Judicial Notice is desired when it can work in one’s favor (whether by non-opposition, opposition or related motions (Demurrers, Injunctions, Summary Judgment, etc.)) Homeowner's generally seek to have the foreclosure notices/trustee's deed held invalid or void.
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Use of Judicial Notice in Litigation May be Key to Winning!
Judges may take judicial notice of a deed and its recording of a trustee deed upon sale where its existence and authenticity cannot reasonably be subject to dispute (Lockhart v. MVM Inc. (2009) 175 Cal. App. 4th 1452, 1460-1461; Evans v California Trailer Court Inc., (1994) 28 Cal. App. 4th 540, 549; Cal- American Income Property Fund II v County of L.A. (1989) 208 Cal. App. 3rd 109, 112 n 2 (court took judicial notice of deed recordation where there was no question of authenticity, and the parties have referenced the deeds in the context of foreclosure proceedings). Recently in the case of Arlene Fontenot v. Wells Fargo Bank, N.A., et al. (2011) (Case No A130478), the Court of Appeals rejected Fontenot’s argument and allowed the court to take judicial notice of the public recorded documents.
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Don't Forget The Language in the Deed of Trust (Contract)!!
Additionally, the truth of the matters stated therein must be accepted as true as required by contract. It is common that the subject DEED OF TRUST provide as follows: (a) “the recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein.”
